Court of Appeals affirms Ampatuan’s release on bail

The failure of providing effective and swift justice is already a serious denial of human rights, but the fact that the government has allowed fear, violence and kilings to continue with impunity...is tantamount to not just a failure by omission but that of preserving conditions for systematic violations of human rights. AMNESTY INTERNATIONAL, IN A STATEMENT IN 2014

The Court of Appeals (CA) has affirmed an earlier ruling of a Quezon City court allowing Datu Sajid Islam Ampatuan, one of the suspects in the 2009 Maguindanao massacre, to post bail.

Ampatuan, son of the late Maguindanao governor Andal Ampatuan Sr., is facing 58 counts of murder. He was released in March 2015 after posting P11.6 million bail.

Associate Justice Marie Christine Azcarrage-Jacob of the CA’s 16th Division said RTC Judge Jocelyn Solis-Reyes committed no grave abuse of discretion in allowing Ampatuan to post bail.

“In the instant case, the Court finds that public respondent did not act in a whimsical, arbitrary and capricious manner when she granted private respondent’s motion for bail,” the CA stated.

The CA said that Reyes’ decision to disregard the testimonies of Mohammad Sangki and Rex Ariel Diongon did not constitute grave abuse of discretion.

Sangki told the court that Sajid Ampatuan conspired with the other accused in planning the Maguindanao massacre, while Diongon testified that he was made to execute false affidavits inside Ampatuan’s house.

The CA said their claims were not enough to establish that Ampatuan conspired with the other respondents in the Maguindanao massacre case.

The appellate court explained that the mere presence of Ampatuan in the alleged meetings and the alleged execution of false affidavits by Diongon inside his house cannot be considered a strong evidence of guilt thus could not deny Sajid’s right to bail. Associate Justices Ricardo Rosario and Edwin Sorongon concurred with the decision.

On Nov. 23, 2009, 58 individuals, including media personnel, were killed and buried in Ampatuan town, Maguindanao. They accompanied the wife of Esmael Mangudadatu, a vice mayor of Buluan town who was then challenging the reelection of Datu Unsay Mayor Andal Ampatuan Jr., brother of the accused.